MUKESH ALIAS MUKRIM Vs. GANISHAKOOR

JUDGEMENT

(1.) This appeal under section of the Motor Vehicles Act, 1988 has been filed by the claimants against the award dated 18.6.2004 passed by the learned 7th Member, Motor Accident Claims Tribunal, Indore in Claim Case No. 21/2003.

(2.) The appellant had filed the claim petition before the Tribunal stating that on 17.11.2002 in the evening when he was standing near his ancestral house on his side, respondent No. 1 driver of tractor No. MP-09-MA- 2878 brought the tractor in a rash and negligent manner from the side of Lebad and had caused accident by coming on the wrong side in which the appellant had received injuries and had suffered permanent disability. THE Tribunal, by the impugned award rejected the claim petition by holding that the appellant failed to establish that on 17.11.2002 at 6.00 p.m. the accident was caused due to the rash and negligent driving of the vehicle (tractor No. MP-09-MA-2878).

(3.) I have heard learned counsel of the parties and perused the entire record carefully.